Off the Wall

4A Front Street, Brampton, Carlisle, Cumbria, CA8 1NG

Completed application 032055 which is a Cancellation/Surrender for Premises Licence from 22/10/2010 to 09/11/2022

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  Mandatory conditions where licence authorises the supply of alcohol

   

  (1)              No supply of alcohol may be made under the premises licence -

   

  (a)              at a time when there is no designated premises supervisor in respect of the premises licence, or

  (b)              at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  (2)              The supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  Mandatory condition where Door Supervisors are provided

   

  Where a premises licence includes a condition that one or more individuals must be at the premises to carry out a security activity, they must be licensed by the Security Industry Authority.

   

  Mandatory Condition where the licence authorises the exhibition of films

   

  (1)       Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this condition.

  (2)              Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendations made by that body.

  (3)              Where -

                (a)the film classification body is not specified in the licence, or

                (b) the relevant licensing authority has notified the premises which holds the licence that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.

  (4)                 In this section -

                   “children” means persons aged under 18; and

  “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39)(authority to determine suitability of video works for classification).

   

  The following conditions shall apply from 6th April 2010

   

  (3)                            (1) The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

   

                (2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

                             

                (a) games or other activities which require or encourage, or are designed to require or encourage, individuals to-

               

                (i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

                (ii) drink as much alcohol as possible (whether within a time limit or otherwise);

   

                (b)              provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

   

                (c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less;

   

                (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

   

                (i) the outcome of a race, competition or other event or process, or

                (ii) the likelihood of anything occurring or not occurring;

   

                (e) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner.

   

  (4)                            The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  (5)                            The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  The following conditions shall apply from 1st October 2010

   

  (6)                            (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

                (2) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark.

   

  (7)                            The responsible person shall ensure that-

   

                (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-

   

                (i)               beer or cider: ½ pint;

                (ii)               gin, rum, vodka or whisky: 25 ml or 35 ml; and

                (iii)               still wine in a glass: 125 ml; and

   

                (b) customers are made aware of the availability of these measures.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  The prevention of crime and disorder

   

  CD9             

  No person in possession of a drink in a sealed or unsealed container shall be allowed to enter the premises except for the purposes of delivery.

   

  CD11             

  No drink shall be removed from the premises in an unsealed container.

   

  CD17             

  The maximum number of persons allowed in these premises shall be 40 persons.

   

  CD18             

  There shall be in place for the premises a written admissions policy to prevent the sale or supply of alcohol to persons under 18 years of age.   That policy shall require any person who appears to be under the age of 18 years to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS), a citizen card supported by the Home Office, a photo driving licence, a passport or official HM Forces or EU ID card bearing photo and date of birth.

   

  CD19             

  A notice or notices shall be displayed in and at the entrance to the premises where they can be clearly seen and read and shall indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.

   

  CD21             

  There shall be displayed on the premises notice(s) to warn members of the public visiting the premises of the incidence of crime, which may affect them.  The notice(s) shall be displayed and securely fixed and clearly visible to members of the public.

   

  CD22             

  There shall be displayed at the entrance to the premises a sign, which is clearly visible to members of the public visiting those premises containing details of the trading hours under the premises licence, the licensable activities permitted on those premises and any maximum occupancy level set for the premises.  (See also CD17).

               

  CD23             

  Where the premises licence has restrictions relating to the admission of children, a sign detailing those restrictions shall be displayed at the entrance to the premises where it is clearly visible to members of the public visiting those premises.

   

  Public safety

   

  PS1             

  When disabled persons are present on the premises there shall be in place arrangements for their safe evacuation in the case of an emergency or other reason.  Details of those arrangements shall be recorded in writing and all staff employed on the premises shall be aware of those arrangements.

   

  PS2

  All disabled persons on the premises shall be made aware of the evacuation arrangements.

   

  PS6             

  All exits and escape routes to those exits (including external escape routes) from the premises shall be provided with slip resistant even surfaces and shall be maintained in good repair, correct working order and kept free from all obstructions when the public are on the premises.  External escape routes shall also be kept free from ice and snow.

   

  PS18             

  The furniture or seating in premises shall be arranged so that it does not obstruct any exit, route to any exit or to any facility within the premises.

   

  PS25             

  Printed notices shall be prominently displayed in the premises detailing the essential steps that must be taken if a fire is discovered or the fire alarm goes off or other emergency arises and how to call the Fire Service.

   

  PS26

  A person who is nominated for the purpose of taking control in the event of a fire, fire alarm, emergency or event which may effect the safety of persons attending the premises shall be on and in charge of the premises at all times when any licensable activity is being provided. 

   

  That person shall be responsible for calling the Fire Service in the event of any fire and that person shall also be responsible for meeting the Fire Service and advising them of the location of the fire.

   

  PS27             

  Any outbreak of fire of any kind shall be reported to the Fire Service immediately and a written record shall be made in a logbook kept for that purpose.

   

  PS30             

  There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials.

   

  PS31             

  At all times when the public are present, at least one person who holds a current recognised first aid certificate or award shall be present on the premises.  Where more than one such person is present their duties shall be clearly defined.

   

  PS32             

  When the public, members or guests are present, the lighting levels in all parts of the premisesshall be capable of providing sufficient illumination for the public, members or guests to leave the premises safely and there shall be at least one person who is nominated to switch on the house lights in an emergency situation. (Note where the premises are a theatre or cinema, a complete or substantially complete blackout may be permitted for production reasons provided that the exit signs shall be kept lit at all times).

   

  PS40             

  The premises shall be provided with adequate  and accessible lavatory accommodation which shall at all times when the premises are in use be kept clean, ventilated, disinfected and supplied with hot and cold water, soap, toilet tissue, hand drying and sanitary towel disposal facilities as appropriate.

   

  PS45

  No smoking or naked flames shall be permitted on any part of the stage during any entertainment unless that use has been notified to the Council and is provided in accordance any guidance given by Cumbria Fire and Rescue Service.

   

  PS46             

  No explosive, liquefied petroleum gas or any other highly flammable materials shall be used or stored on the premises unless notified to the Council and is used in accordance any guidance given by Cumbria Fire and Rescue Service. 

   

  PS47             

  No pyrotechnics including fireworks shall be used or stored at the premises unless notified to the Council and they are used in accordance with any guidance given by Cumbria Fire and Rescue Service.

   

  PS48             

  No dry ice machines or cryogenic fog, smoke machines or fog generators shall be used at the premises unless notified to the Council and is used in accordance any guidance given by Cumbria Fire and Rescue Service.

   

  PS49             

  Lasers shall not be used on the premises unless notified to the Council.  They should only be used in accordance with the requirements for the safe use of lasers as set down in the HSE Guide, The Radiation of Safety Lasers Used for Display Purposes (HS (G) 95) and BS 60825: Safety of Laser products British Standard 4803: part 3. 

   

  PS50             

  Strobe lighting shall not be used on the premises unless notified to the Council.  A notice which can be clearly seen and easily read by the public warning that strobe lights are in use in the premises shall be displayed at each entrance to the premises.

   

  PS76             

  Fire fighting equipment shall be provided throughout the premises at suitable locations and be appropriate to the risk to comply with BS 5306 Part 8, Selection and Installation of Portable Fire Extinguishers.

   

  PS79

  All members of staff will be familiar with the operation of the firefighting equipment.

   

  PS80

  All staff shall be instructed and trained to ensure that they understand the fire precaution measures in the building and the procedure and action to be taken in the event of fire.

   

  PS81

  Practice fire drills shall be carried out at least once per year or at such additional times as required to train new staff.  A competent person will conduct the drills by operating the fire alarm so that staff can rehearse their specific task or duties.

   

  PS 82

  All training and instruction shall be recorded in a log book.

   

  The prevention of public nuisance

   

  PPN2             

  The licensable activities are permitted to take place on the licensed premises in those parts of the plan edged in red on the attached plan of the premises between the hours specified in this licence.

   

  PPN3

  No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.

   

  PPN5

  The noise level from the premises whilst being used for public entertainments purposes, shall not cause nuisance to noise sensitive dwellings in the vicinity.

   

  PPN6

  The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents.  A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action.

   

  PPN8

  Refuse such as bottles shall be disposed of from the premises at a time when it is not likely to cause a disturbance to residents in the vicinity of the premises.

   

  PPN9             

  There shall be no emission from the premises of any offensive smells, which are likely to cause a nuisance.

   

  PPN11

  There shall be provided at the premises containers for the storage and disposal of waste foods and other refuse from the premises.  Those containers shall be constructed, maintained and located so that access to them by vermin and unauthorised persons is prevented and arrangements shall be made for the regular lawful disposal of their contents. 

   

  The protection of children from harm

   

  PCH16

  The Premises licence holder and the designated premises supervisor shall at all times comply with the Portman Group Code of Practice and with the requirements or recommendations of any Portman Group Retailer Alert Bulletin.

   

   

• ANNEX 3 - CONDITIONS AS A RESULT OF A HEARING

   

  Not applicable